jmood

Hi all,
I've been using the US immigration forum for quite a while now and it has helped me a lot in the past. A very good friend of mine has an issue re. Spain, and perhaps you lot can help out.

He holds a Canadian passport and will be going to Spain to teach at a university for just over 3 months. But with his visit back home to Canada over Christmas, his total stay will not exceed 90 days. He will be paid an "allowance". He's worried about what to do re a work visa. The university is not being forthright on this.

My own guess is that the "official" answer may be that if money of any sort changes hands, it's considered work and requires a work visa. However, for a stay under 90 days, many people get away with not getting a work visa as the time and cost involved is "not worth it". Hence I'm guessing the university doesn't want to ask the question to the authorities in order not to be stuck with the answer. But this is just a guess. Perhaps I'm talking rubbish.

He' supposed to start October 1 and won't be paid much anyway, just enough to cover his expenses and them some. What do you suggest?

Thanks!

lynnxa

he isn't normally allowed to work legally on a 90 day visa

maybe the Uni has found a legal way around it, but it does sound a bit dodgy to me

tbh I think he should ask for clarification from the Uni itself, as to his status - I know there can be exceptions for some occupations - perhaps 'visiting lecturer' is one?

jmood

The university has been evasive. I don't think he's going to get any further clarification on it. Any other source he can use for info?
Anyone else know anyone else who's done something similar??

jmood

Update: The university replied again saying it is better to stay less than 90 days and not apply for the work visa, and that it has been done before by others.

Any thoughts please?

jdr

As he is not an EU resident then I would expect he could be pulled for working illegally in Spain from day one.

jmood

Lovely.

What are the chances of this happening - practically, not theoretically?

jdr

No telling really, but if I was an out of work Spaniard and could do what he may be doing I would not be amused and probably denounce him.
I think a Canuck working in a Spanish Uni would stick out like a sore thumb.
Also breaking immigration laws is not the best thing to do.

jmood

Yeah - I know.
He is very specialized though. I'm guessing there may be only 4 or 5 people in the world who does what he does.

Thank you though.


Update is that he got another e-mail from the university saying that he should just make sure he stays under 90 days and that he should not apply for a work visa and that others have done this before him with no problem. Reading between the lines, it seems they mean don't bother with the work visa, is too much hassle for such a sort time and little money.

And his impression is that questions don't get asked at the border entry points. Is that right?

When I was using the US forums, there are 2 specialized ones for immigration and there were many people who knew intimately about the processes. For Europe there seems to be no immigration forum and hence so far I think no one with actual knowledge/experience has chipped in.

WomBatt

Under Shengen he is permitted a stay of 90 days in 180 as a tourist and he has no problem entering and exiting the country. He should ensure he has an entry stamp to avoid any burden of proof being placed upon him, on exit. I have no comment to make on the issue of employment and visas.

WomBatt

My reply immediately above should read - He should ensure he has an entry stamp and a stamp on exit to avoid any burden of proof being placed upon him.

jay01

Hi, It all sounds a little odd, sounds like the uni are doing it all off the books so they are not going to pay tax, insurance etc so should anything happen to him that he needs medical treatment for he had better get private travel insurance and if he is injured while working would this be covered or as he is not on holiday would it be excluded?

Out of interest what does he do that only 4/5 other people in the world does, I would think that they would be more than happy to bend over backwards to accommodate him.

Spain is full of who you knows not what you know, as to his chances of getting caught that depends on who knows what information and who they know. He keeps his business his business, if he has any written documentation from the Uni he needs to keep it accessible and any phone conversations really need to be put into writing by email etc for his protection as much as anything.

He will be the illegal worker, they have limited their involvement to "no we thought he was legal and above board" and he has not got a leg to stand on and it will be for him to prove, but that will not be easy when no one really wants to know or really cares.

Domino

if he gets pulled then they will be complicit as they have given him instructions.

if they say it has been done before then it would appear to be a regular happening for a visiting professor, especially when the only other people who can talk on the subject matter you can count on one hand..
Every country seems to demand tax on world wide earnings, and

describes the situation between Canada and Spain

Personally I think this is a bit of grey area as there are certain things allowed in the UK which indicate he might get away with it but not sure how to check it in Spain as my Spanish language isnt that good.

as it is specialised field, any tickets to BE forum members ??

jmood

Tickets?? I didn't get it.

Umm, is it a sports thing? :-))